Texas House Bill HB889

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the prosecution and punishment of the offense of making a firearm accessible to a child; increasing a criminal penalty.

Impact

The proposed changes would elevate the legal consequences for individuals whose children gain unauthorized access to firearms, particularly in cases resulting in serious injuries or fatalities. Under the bill, if a child discharges a firearm and causes injury to themselves or another individual, the penalties are escalated depending on whether the injured party resides with the child. These shifts signify a stricter stance on parental responsibility when it comes to firearm storage and accessibility.

Summary

House Bill 889 amends the Texas Penal Code specifically regarding the offense of making a firearm accessible to a child. The bill defines a child as anyone under the age of 18, and it establishes affirmative defenses for parents or guardians who permit access to firearms for lawful hunting or sporting purposes. It seeks to enhance public safety by addressing the risks associated with firearm accessibility by minors and aims to hold parents or guardians accountable for negligent storage practices.

Contention

Notable discussions surrounding HB889 may center on the balance between gun rights and the imperative of child safety. Proponents argue that the bill is essential for protecting children from potentially harmful situations involving firearms, emphasizing the need for increased accountability from gun owners. Conversely, some opponents might perceive the bill as encroaching on personal liberties, viewing the amendments as excessive governmental intervention in responsible gun ownership and family autonomy.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: New Section